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Motor Vehicle Litigation A lawsuit is required when liability is in dispute. The defendant has the option to respond to the Complaint. New York has a pure comparative negligence rule. This means that, in the event that a jury determines you to be at fault for an accident, your damages will be reduced according to your percentage of fault. This rule is not applicable to the owners of vehicles that are rented out or leased to minors. Duty of Care In a case of negligence the plaintiff must show that the defendant was bound by the duty of care towards them. Almost everybody owes this duty to everyone else, however those who sit behind the car are obligated to other people in their field of activity. This includes ensuring that they do not cause accidents in motor vehicles. In courtrooms the standard of care is determined by comparing an individual's behavior with what a typical person would do in the same conditions. In the event of medical negligence expert witnesses are typically required. Experts who are knowledgeable of a specific area may be held to the highest standards of care than other people in similar situations. If a person violates their duty of care, it may cause damage to the victim as well as their property. The victim must then prove that the defendant's breach of their duty resulted in the harm and damages they sustained. Causation is a key element of any negligence claim. It requires proof of both the proximate and real causes of the injuries and damages. If a person is stopped at an intersection, they are likely to be hit by another vehicle. If their vehicle is damaged, they will be responsible for repairs. But the reason for the crash could be a cut or the brick, which then develops into a deadly infection. Breach of Duty A breach of duty by the defendant is the second element of negligence that must be proved in order to receive compensation in a personal injury lawsuit. A breach of duty is when the actions of the at-fault party are insufficient to what an ordinary person would do under similar circumstances. For example, a doctor is required to perform a number of professional duties for his patients that are governed by laws of the state and licensing boards. Motorists have a duty of care to other motorists and pedestrians on the road to be safe and follow traffic laws. If a driver violates this duty of care and creates an accident, he is liable for the injury suffered by the victim. Lawyers can use the “reasonable people” standard to demonstrate that there is a duty to be cautious and then show that the defendant failed to meet the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standards. motor vehicle accident attorney rochester must also demonstrate that the defendant's negligence was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example, a defendant may have crossed a red light, but his or her action was not the sole cause of your bicycle crash. Causation is often contested in cases of crash by defendants. Causation In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. For instance, if the plaintiff sustained a neck injury from an accident that involved rear-ends, his or her lawyer will argue that the collision was the cause of the injury. Other elements that are required to cause the collision, like being in a stationary vehicle, are not culpable, and do not affect the jury's determination of the liability. It could be more difficult to establish a causal relationship between a negligent act and the psychological issues of the plaintiff. The reality that the plaintiff experienced a an uneasy childhood, a bad relationship with his or her parents, used drugs and alcohol or experienced prior unemployment could have a influence on the severity of the psychological problems he or suffers following an accident, however, the courts typically view these elements as an element of the background conditions from which the plaintiff's accident arose rather than an independent reason for the injuries. If you've been involved in an accident involving a motor vehicle that was serious, it is important to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, and motor vehicle accident cases. Our lawyers have developed working relationships with independent physicians in many specialties, as well experts in computer simulations and reconstruction of accidents. Damages In motor vehicle litigation, a plaintiff may seek both economic and noneconomic damages. The first category of damages includes any monetary costs that can be easily added to calculate an amount, like medical expenses or lost wages, property repair and even future financial losses like diminished earning capacity. New York law also recognizes the right to recover non-economic damages such as pain and suffering and loss of enjoyment of life, which cannot be reduced to a dollar amount. However, these damages must be established to exist using extensive evidence, such as deposition testimony of the plaintiff's family members and close friends medical records, deposition testimony, and other expert witness testimony. In cases where there are multiple defendants, courts will typically employ comparative fault rules to determine the amount of total damages that should be divided between them. This requires the jury to determine how much fault each defendant was responsible for the incident and then divide the total damages awarded by that percentage of the fault. New York law however, does not allow for this. 1602 excludes vehicle owners from the rule of comparative negligence in cases where injuries are sustained by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive use applies is not straightforward, and typically only a clear evidence that the owner has explicitly was not granted permission to operate the vehicle will overcome it.